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Mandi Papich: Fracking violates our rights

Posted:
11/12/2012 04:08:27 PM MST

Updated:
11/12/2012 04:08:50 PM MST

Our Colorado Constitution states all individuals have "the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property, and of seeking and obtaining their safety and happiness."

Congratulations, Longmont, for doing just this in voting Yes on Question 300! Humans cannot survive without clean air and water and no amount of money is worth trading these basic needs.

Fracking violates our Constitutional rights by endangering our health, water, and air. The State is squashing our rights by allowing fracking next to schools, hospitals, churches, parks, and homes. Municipal government grants home-rule cities the authority to regulate land use ensuring protection of the environment in a manner consistent with Constitutional rights. The COGCC has been seeking a court ruling on complete preemption of municipal control for years intending to dissuade Colorado citizens from asserting their Constitutional rights. Neither the courts nor the COGCC have adequately addressed the Oil and Gas Act's legislative mandate to "foster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources.

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Our community right to defend our environmental quality should supersede any oil and gas development the State, Hickenlooper, or the COGCC wants.

Now, it's time to follow Longmont's lead and assert our fundamental right to a clean and safe environment. We need to stop allowing the COGCC to tell us legal precedent "preempts" local citizens' rights.

Please join your community on Tuesday, Nov. 13 at 3 p.m. for a "Ban Fracking" Rally and at 4 p.m. for the Boulder County Commissioners' Public Hearing on Fracking. Both events will be held at Boulder County Courthouse: 1325 Pearl Street.

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